Will I have to go to jail for a DUI?

In some DUI cases, the court has discretion whether to impose a jail sentence as part of the defendant’s sentence. However, some aggravating circumstances may result in a mandatory minimum jail sentence. Furthermore, courts may become more likely to impose incarceration as part of a DUI sentence after multiple DUI convictions or when a defendant causes a motor vehicle accident that results in injuries or fatalities.

Will I lose my driver’s license for a DUI conviction?

Florida law requires suspension or revocation of a driver’s license following a DUI conviction. The duration of a suspension will depend on how many prior convictions a defendant has and whether the case involves aggravating factors. After a fourth conviction or a case involving injuries or death, a driver will face mandatory permanent revocation of their driver’s license and must wait at least five years following release from incarceration (during which they may not have any new DUI offenses) before becoming eligible to apply for a hardship reinstatement to drive for business or employment purposes.

What factors can affect the sentence I receive from the trial court?

The potential sentencing range for a DUI conviction will depend on the number of prior DUI convictions a defendant has and whether their current offense involved aggravating factors like a high BAC or causing an accident that resulted in property damages, injuries, or fatalities. Courts also consider the particular circumstances of a defendant’s case when determining the details of a defendant’s sentence, including the defendant’s criminal history, the severity of the defendant’s conduct in their offense, the defendant’s need and amenability for rehabilitation, the defendant’s acceptance of responsibility, and the need to protect the public.

West Palm Beach DUI Penalty Lawyer | DUI Penalties Attorney West Palm Beach, FL

DUI Penalties Attorney in West Palm Beach, FL Helping You Understand and Fight the Consequences in Palm Beach County, Broward County, Martin County, and Throughout South Florida

When the police have arrested and charged you with DUI in South Florida, you may wonder about the potential penalties you might face if convicted. Even a first-time DUI conviction can result in a severe sentence, especially if your case involves aggravating circumstances. Contact BD Law today for an initial case review with a West Palm Beach DUI penalty lawyer to learn more about your charges.

Understanding DUI Penalties Under Florida Law

When a person gets convicted of drunk or drugged driving in Florida, they may face penalties that include fines, incarceration, driver’s license suspension, and vehicle impoundment. The types and severity of penalties imposed depend on various factors. Fines that courts may impose include:

First conviction: $500 to $1,000
Second conviction: $1,000 to $2,000
Third conviction: $2,000 to $5,000
Fourth or subsequent conviction: Minimum fine of $2,000

Potential terms of incarceration imposed for DUI convictions include:

First conviction: Up to six months (or nine months for a defendant with a BAC of 0.15 or more or a minor passenger in their vehicle)
Second conviction: Up to nine months (or 12 months for a defendant with a BAC of 0.15 or more or a minor passenger in their vehicle)
Second conviction within five year of a prior offense: Up to nine or 12 months, with a mandatory minimum sentence of 10 days, of which 48 hours must be served consecutively
Third conviction: Up to 12 months
Third conviction within ten years of a prior offense: Up to five years, with a mandatory minimum of 30 days, of which 48 hours must be served consecutively
Fourth or subsequent conviction: Up to five years

Convicted DUI defendants may also have to serve terms of vehicle impoundment (unless the defendant’s family has no other means of transportation besides the defendant’s vehicle), such as:

First conviction: 10 days
Second conviction within five years of a prior offense: 30 days
Third conviction within ten years of a prior offense: 90 days

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Finally, convicted defendants must serve driver’s license suspensions (potentially on top of any suspension imposed for a refusal to submit to chemical testing after a DUI arrest). Suspension periods include:

First offense: 180 to 365 days
Second offense: 180 to 365 days
Second offense within five years of a prior conviction: Minimum five years, with eligibility for reinstatement beginning one year after release from incarceration for the DUI conviction
Third offense: 180 to 365 days
Third offense within ten years of a prior conviction: Minimum ten years, with eligibility for reinstatement beginning two years after release from incarceration for the DUI conviction
Four or subsequent offense: Mandatory permanent revocation, with eligibility for reinstatement beginning five years after release from incarceration for the DUI conviction

Finally, various aggravating factors can increase the penalties imposed for a DUI conviction. For example, fines and incarceration can increase for convictions involving a driver who had a breath/blood alcohol level of 0.15 or more or who had a passenger under 18 in their vehicle.

Causing an accident that results in property damage or non-severe injuries can result in a maximum sentence of up to one year of incarceration if a defendant would otherwise face a lower maximum sentence. Causing injuries in an accident while driving intoxicated may also result in a minimum three-year driver’s license revocation

Causing an accident resulting in severe injuries constitutes a felony offense in Florida that carries penalties of up to five years in prison and a fine of up to $5,000. DUI manslaughter/vehicular homicide carries penalties that include a fine of up to $10,000, up to 15 years in prison, and mandatory driver’s license revocation (with eligibility for hardship reinstatement after five offense-free years following release from incarceration). Leaving the scene of a DUI homicide increases the maximum prison sentence to 30 years.

Contact BD Law Today to Discuss the Possible Penalties for Your DUI Charges

After getting charged with DUI, understanding the potential penalties you might face if convicted can help you develop and pursue a defense strategy to achieve a favorable outcome in your case. Contact a DUI penalties attorney in West Palm Beach, FL, from BD Law for a confidential consultation to discuss the details of your case.